[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67832-67833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24563]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054; RTID 0648-XC322]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of the 2022 
Atka mackerel incidental catch allowance (ICA) for the Bering Sea 
subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 
cooperative allocation for the BS/EAI in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to allow the 
2022 total allowable catch of Atka mackerel in the BSAI to be fully 
harvested.

DATES: Effective 12:00 p.m. Alaska local time (A.l.t.), November 7, 
2022, through 12:00 a.m., A.l.t., January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (FMP) prepared by the 
North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Regulations 
governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2022 Atka mackerel ICA for the BS/EAI is 800 metric tons (mt) 
and the 2022 Atka mackerel total allowable catch allocated to the 
Amendment 80 cooperative for the BS/EAI is 21,083 mt as established by 
the final 2022 and 2023 harvest specifications for groundfish in the 
BSAI (87 FR 11626, March 2, 2022).
    The Administrator, Alaska Region, NMFS, has determined that 609 mt 
of the Atka mackerel ICA for the BS/EAI will not be harvested. 
Therefore, in accordance with Sec.  679.91(f), NMFS reallocates 609 mt 
of Atka mackerel from the BS/EAI ICA to the BS/EAI Amendment 80 
cooperative allocation in the BSAI. In accordance with Sec.  679.91(f), 
NMFS will reissue cooperative quota permit for the reallocated Atka 
mackerel following the procedures set forth in Sec.  679.91(f)(3).
    The harvest specifications for Atka mackerel included in the 
harvest specifications for groundfish in the BSAI (87 FR 11626, March 
2, 2022) are revised as follows: 191 mt of Atka mackerel for the BS/EAI 
ICA and 21,692 mt of Atka mackerel for the Amendment 80 cooperative 
allocation for the BS/EAI. Table 6 is revised and republished in its 
entirety as follows:

[[Page 67833]]



 Table 6--Final 2022 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                             Amendment 80 Allocations of the BSAI Atka Mackerel Tac
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2022 Allocation by area
                                                        --------------------------------------------------------
            Sector \1\              Season \2\ \3\ \4\    Eastern Aleutian
                                                          district/Bering    Central Aleutian   Western Aleutian
                                                                Sea            district \5\         district
----------------------------------------------------------------------------------------------------------------
TAC..............................  n/a.................             27,260             16,880             22,341
CDQ reserve......................  Total...............              2,917              1,806              2,390
                                   A...................              1,458                903              1,195
                                   Critical Habitat....                n/a                542                717
                                   B...................              1,458                903              1,195
                                   Critical Habitat....                n/a                542                717
Non-CDQ TAC......................  n/a.................             24,343             15,074             19,951
ICA..............................  Total...............                191                 75                 20
Jig \6\..........................  Total...............                118  .................  .................
BSAI trawl limited access........  Total...............              2,343              1,500  .................
                                   A...................              1,171                750  .................
                                   Critical Habitat....                n/a                450  .................
                                   B...................              1,171                750  .................
                                   Critical Habitat....                n/a                450  .................
Amendment 80 sector..............  Total...............             21,692             13,499             19,931
                                   A...................             10,846              6,749              9,965
                                   Critical Habitat....                n/a              4,050              5,979
                                   B...................             10,846              6,749              9,965
                                   Critical Habitat....                n/a              4,050              5,979
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
  gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  Sec.   679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
  be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
  annual TACs between the A and B seasons as defined at Sec.   679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
  requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and
  the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
  the amount of this allocation for 2022 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

    This will enhance the socioeconomic well-being of harvesters 
dependent upon Atka mackerel in this area. The Regional Administrator 
considered the following factors in reaching this decision: (1) the 
current catch of Atka mackerel ICA in the BS/EAI, (2) the harvest 
capacity and stated intent on future harvesting patterns of the 
Amendment 80 cooperative that participates in this BS/EAI fishery.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be impracticable and contrary to the public interest, 
as it would prevent NMFS from responding to the most recent fisheries 
data in a timely fashion, and would delay the harvest of Atka mackerel 
in the BE/EAI fishery. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of November 4, 2022.
    The Assistant Administrator for Fisheries, NOAA also finds good 
cause to waive the 30-day delay in the effective date of this action 
under 5 U.S.C. 553(d)(3). This finding is based upon the reasons 
provided above for waiver of prior notice.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: November 7, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-24563 Filed 11-7-22; 4:15 pm]
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